HomeMy WebLinkAboutCity Council Minutes 10-24-1995MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
October 24, 1995.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Helliwell,
Edson, and Anderson.
ABSENT: Councilmember Granath.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, Public Works Director Moore, Public Safety Director
Gerdes, Finance Director Hahn, Park Director Blank, Planning Supervisor Senness, City
Engineer Faulkner, Engineer Quanbeck, Senior Engineering Technician Campbell, Park
Superintendent Peterson, Fire Chief Kline, City Attorney Knutson, and City Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
No one appeared for the Forum.
ITEM 4 FIREFIGHTERS, OATHS OF OFFICE
Fire Chief Kline introduced Firefighters Steve Elliott, Gerard Ferrer, Gregg Tarara,
and Paul Tomczik. Clerk Ahrens administered their oaths of office.
ITEM 5 APPROVE AGENDA
Manager Johnson stated that Item 6 -II has been withdrawn from the agenda at the
request of the applicant, Nedegaard Construction.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the agenda as amended. Motion carried, six ayes.
ITEM 6 CONSENT AGENDA
Mayor Tierney removed Item 6-N and placed it before the public hearings.
Councilmember Anderson asked if Items 6-S and 6-T are interrelated.
Manager Johnson explained that Items 6-S and 6-T are different subjects but
related. Both will eventually address housing policy for the City. He noted that
the recommendation for Item 6-S has been amended from accepting the report to
acknowledging receipt of the report.
Councilmember Anderson removed Items 6-S and 6-T from the Consent Agenda
and placed them as Item 8-B.
Regular Council Meeting
October 24, 1995
Page 2
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to approve the Consent Agenda as amended. Motion carried, six ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to approve the minutes of the September 5, September 19, and October 3
Regular Council Meetings. Motion carried, six ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-605 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING OCTOBER 13, 1995. Motion carried, six ayes.
ITEM 6-C ESTABLISH SPECIAL MEETING ON NOVEMBER 8
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-606 ESTABLISHING SPECIAL
COUNCIL MEETING TO CANVASS RESULTS OF NOVEMBER 7
GENERAL ELECTION. Motion carried, six ayes.
ITEM 6-D CERTIFICATE OF EXEMPTION FOR WETLAND
CONSERVATION ACT, IINNDERCARE LEARNING CENTER
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to approve the Certificate of Exemption under exemption Number 10 and
Number 25 in accordance with the 1991 Wetland Conservation Act for Lot 1,
Block 1, Plymouth Hills Third Addition (Kindercare Learning Center) (95088).
Motion carried, six ayes.
ITEM 6-E ORDINANCE RELATING TO CIVIL AND CRIMINAL LIABILITY
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt ORDINANCE 95-49 AMENDING CHAPTER 9, SECTION
930.11 OF THE PLYMOUTH CITY CODE CONCERNING
CIVIU/CRI[MINAL LIABILITY. Motion carried, six ayes.
ITEM 6-F APPROVE POLICY REGARDING PRE -PAYMENT OF CLAIMS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-607 AUTHORIZING THE CITY'S
DIRECTOR OF FINANCE TO PAY CERTAIN CLAIMS. Motion carried,
six ayes.
Regular Council Meeting
October 24, 1995
Page 3
ITEM 6-G ORDINANCE ADDRESSING NOISE FROM LOADING DOCKS,
RESPONSE TO HOMEOWNERS LIVING ADJACENT TO AMERIDATA
95015
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to direct the City Attorney to prepare an ordinance addressing noise from
loading docks within 300 feet of residential property lines. Motion carried, six
ayes.
ITEM 6-H CALIBER DEVELOPMENT CORPORATION. APPROVE SITE
PLAN FOR BASS LAKE BUSINESS CENTRE (95102)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-608 APPROVING SITE PLAN FOR
CALIBER DEVELOPMENT CORPORATION FOR PROPERTY
LOCATED EAST OF NATHAN LANE AT 55TH AVENUE NORTH
95102). Motion carried, six ayes.
ITEM 6-I CITY OF PLYMOUTH. LOT DIVISION FOR 18025 12TH AVENUE
NORTH (95103)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-609 GRANTING A VARIANCE FROM
THE PROVISIONS OF SECTION 500 OF THE PLYMOUTH CITY CODE,
SUBDIVISION AND PLATTING OF LAND (95103). Motion carried, six
ayes.
ITEM 64 APPROVE PAYMENT OF INTEREST ACCRUAL RELATING TO
HARDENBERGH PROPERTY
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-610 APPROVING INTEREST
PAYMENT ON THE HARDENBERGH OPEN SPACE ACQUISITION.
Motion carried, six ayes.
ITEM 6-K CARLSON REAL ESTATE COMPANY. (94014)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-611 APPROVING PRELIMINARY
PLAT, GENERAL DEVELOPMENT PLAN, SITE PLAN AND
CONDITIONAL USE PERMIT AND VARIANCE FOR CARLSON REAL
ESTATE COMPANY FOR A SUPERAMERICA CONVENIENCE STORE
AND A CLASS 2 RESTAURANT FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF 1-494 AND COUNTY ROAD 6 (94014). Motion
carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 4
ITEM 6-L NEW HOME SERVICES. INC. (WORD OF LIFE CHURCH) (95004)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-612 APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR NEW HOME SERVICES, INCORPORATED,
FOR PROPERTY LOCATED AT 1230018TH AVENUE NORTH (95004).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-613 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR NEW HOME
SERVICES, INCORPORATED, FOR PROPERTY LOCATED AT 12300
18TH AVENUE NORTH (95004). Motion carried, six ayes.
ITEM 6-M ESTABLISH SPECIAL CLOSED COUNCIL MEETING FOR
NOVEMBER 14
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-614 ESTABLISHING NOVEMBER 14,
1995 AS A SPECIAL CLOSED CITY COUNCIL MEETING TO
CONDUCT THE CITY MANAGER'S ANNUAL EVALUATION. Motion
carried, six ayes.
ITEM 6-0 ACCEPT QUARTERLY FINANCIAL REPORT
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to accept the Third Quarter 1995 Financial Report. Motion carried, six
ayes.
ITEM 6-P AWARD BID ON WEST MEDICINE LAKE PARK, PROJECT 330
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-615 AWARDING BID, WEST
MEDICINE LAKE PARK IMPROVEMENT - PHASE I, CITY PROJECT
NUMBER 330. Motion carried, six ayes.
ITEM 6-0 APPROVE PLANS AND BUDGET FOR CITY COUNCIL
CHAMBERS RENOVATION PROJECT
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-616 APPROVING PLANS AND
CONSTRUCTION BUDGET OF $668,000 FOR THE CITY COUNCIL
RENOVATION PROJECT AND AUTHORIZING RELEASE OF BID
DOCUMENTS. Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 5
ITEM 6-R APPOINT SUBCOMMITTEE TO INTERVIEW FOR HRA
VACANCY
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-617 APPOINTING SUBCOMMITTEE
TO INTERVIEW FOR HRA VACANCY. Motion carried, six ayes.
ITEM 6-U APPROVE REVISED HRA MANAGEMENT SERVICES
AGREEMENT
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-618 APPROVING A REVISED
MANAGEMENT SERVICES AGREEMENT WITH THE PLYMOUTH
HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY. Motion carried, six ayes.
ITEM 6-V APPROVE CONSULTANT FOR YOUTH SPORTS FACILITIES
COST ESTIMATES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-619 APPROVING COST ESTIMATES
FOR THE RECREATIONAL SPORTS FACILITIES REPORT. Motion
carried, six ayes.
ITEM 6-W MODIFICATION TO TAX INCREMENT DEVELOPMENT
DISTRICT NO. 7
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-620 AUTHORIZING THE
PREPARATION OF A MODIFICATION TO DEVELOPMENT DISTRICT
N0. 7 AND PUBLICATION OF PUBLIC HEARING NOTICE
THEREFORE. Motion carried, six ayes.
ITEMS 6-X AND 6-Y SITE IMPROVEMENT PERFORMANCE AGREEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-621 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, CARLSON COMPANY/CARLSON
CENTER 12TH ADDITION (94088). Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-622 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, MINTERWEISMAN (94095). Motion
carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 6
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-623 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, CARLSON REAL ESTATE
COMPANY/FORMER J.C. PENNEY BUILDING (94147). Motion carried,
six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-624 REDUCING SITE IMPROVEMENT
PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT
CORPORATION/ANNAPOLIS BUSINESS CENTRE (95029). Motion
carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-625 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, UNITED
PROPERTIES/DAILY PRINTING (94021). Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-626 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, RYAN
CONSTRUCTION COMPANY/AMERIDATA (93140). Motion carried, six
ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-627 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, BANNER
ENGINEERING (93126). Motion carried, six ayes.
ITEM 6-Z APPROVE REDUCTION OF DEVELOPMENT CONTRACT
FINANCIAL GUARANTEES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-628 REDUCING REQUIRED
FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion
carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-629 REDUCING REQUIRED
FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion
carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-630 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLYMOUTH POINTE ADDITION (92034).
Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 7
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-631 REDUCING REQUIRED
FINANCIAL GUARANTEE, BRIDLEWOOD FARM 3RD ADDITION
93021). Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-632 REDUCING REQUIRED
FINANCIAL GUARANTEE, HOLLY CREEK 2ND ADDITION (93096)
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-633 REDUCING REQUIRED
FINANCIAL GUARANTEE, HOLLY CREEK 3RD ADDITION (94124).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-634 REDUCING REQUIRED
FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK ADDITION
93106). Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-635 REDUCING REQUIRED
FINANCIAL GUARANTEE, COURTYARDS OF FRENCH CREEK
ADDITION (93034). Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-636 REDUCING REQUIRED
FINANCIAL GUARANTEE, QUAIL HOLLOW ADDITION (93134).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-637 REDUCING REQUIRED
FINANCIAL GUARANTEE, BOULDER CREST ADDITION (90095).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-638 REDUCING REQUIRED
FINANCIAL GUARANTEE, AUTUMN HILLS 2ND ADDITION (94005).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-639 REDUCING REQUIRED
FINANCIAL GUARANTEE, HEATHER RUN 2ND ADDMON (94106).
Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 8
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-640 REDUCING REQUIRED
FINANCIAL GUARANTEE, HEATHER RUN 3RD ADDITION (94058).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-641 REDUCING REQUIRED
FINANCIAL GUARANTEE, BOULDER RIDGE 3RD ADDITION (93013).
Motion carried, six ayes.
ITEM 6 -AA SET HEARING ON VACATION OF EASEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-642 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR
PONDING, OUTLOT B, THE PONDS AT BASS CREEK. Motion carried,
six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-643 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR
PONDING PURPOSES, OUTLOT A, PHEASANT TRAIL. Motion carried,
six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-644 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENTS LOTS 1, 2, 3, AND 49 BLOCK 19 COURTYARDS OF
FRENCH CREEK. Motion carried, six ayes.
ITEM 6 -BB STREET LIGHT IMPROVEMENTS IN WALNUT GROVE POND
ADDITION
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-645 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, WALNUT GROVE POND ADDITION. Motion carried, six
ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-646 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, WALNUT GROVE POND
ADDITION. Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 9
ITEM 6 -CC APPROVE "NO PARKING" ON PEONY LANE, PROJECT 502
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-647 AUTHORIZING THE
INSTALLATION OF "NO PARKING" SIGNS ON PEONY LANE
BETWEEN STATE HIGHWAY 55 TO THE NORTH PROPERTY LINE
OF THE WAYZATA HIGH SCHOOL SIGHT, CITY PROJECT NO. 502.
Motion carried, six ayes.
ITEM 6 -DD CHANGE ORDER NO.3 FOR NEW COUNTY ROAD 9
IMPROVEMENTS, PROJECT 310
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-648 APPROVING CHANGE ORDER
NO.3 FOR NEW COUNTY ROAD 9 IMPROVEMENTS, CITY PROJECT
NO. 310. Motion carried, six ayes.
ITEM 6 -EE APPROVE AGREEMENT WITH SOO LINE RAILROAD AND
SPRINT COMMUNICATIONS COMPANY, PEONY LANE IMPROVEMENTS,
PROJECT 502
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-649 APPROVE AGREEMENTS WITH
THE SOO LINE RAILROAD FOR THE CONSTRUCTION OF PEONY
LANE, CITY PROJECT NO. 502. Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-650 APPROVE REIMBURSEMENT
AGREEMENT WITH SPRINT COMMUNICATIONS COMPANY L.P.
FOR THE CONSTRUCTION OF PEONY LANE, CITY PROJECT NO.
502. Motion carried, six ayes.
ITEM 6 -FF AGREEMENT WITH HENNEPIN COUNTY FOR PEDESTRIAN
TRAFFIC SIGNAL ON NORTHWEST BOULEVARD
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-651 APPROVING AGREEMENT FOR
THE CONSTRUCTION AND OPERATION OF A PEDESTRIAN
ACTUATED TRAFFIC CONTROL SIGNAL, COUNTY ROAD 61 AND
BASS LAKE PLAYFIELD, CITY PROJECT NO. 417. Motion carried, six
ayes.
Regular Council Meeting
October 24, 1995
Page 10
ITEM 6 -GG HIGHWAY 55 TRAFFIC SIGNAL REVISION. PROJECT 532
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-652 HIGHWAY 55 TRAFFIC SIGNAL
REVISIONS, CITY PROJECT NO. 532. Motion carried, six ayes.
ITEM 6 -HH U -S HOME CORPORATION. APPROVE LOT DIVISION IN
WEST BRANCH ADDITION (95101)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-653 APPROVING LOT DIVISION/LOT
CONSOLIDATION FOR U -S HOME CORPORATION FOR PROPERTY
LOCATED AT LOTS 5 AND 23, BLOCK 159 WEST BRANCH ADDITION
RPUD 92-7) (95101). Motion carried, six ayes.
ITEM 6 -JJ ACCEPT D.A.R.E. CONTRIBUTION FROM HOLIDAY FOODS
AND KIMBERLY CLARK
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to accept the DARE contribution from Holiday Foods and Kimberly Clark
and authorize the purchase of DARE workbooks or other products used for
instructing DARE in the schools. Motion carried, six ayes.
ITEM 6 -KK PROVIDE FOR SALE OF GENERAL OBLIGATION TAX
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-654 PROVIDING FOR THE SALE OF
7,6659000 GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1995. Motion carried, six ayes.
ITEM 6 -LL AUTHORIZE REIMBURSEMENT FOR PEONY LANE PROJECT
COST
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Wold, to adopt RESOLUTION 95-655 DECLARING OFFICIAL INTENT
OF THE CITY OF PLYMOUTH, MINNESOTA, TO REIMBURSE
CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS.
Motion carried, six ayes.
6-N ORDINANCE REVISION RELATING TO SIDEWALK TRAILS
MAINTENANCE BY PRIVATE OWNERS
Manager Johnson stated that earlier this year, the Council adopted an ordinance
relating to the construction and maintenance of sidewalks throughout the City.
Regular Council Meeting
October 24, 1995
Page 11
Affected residents who would be required to maintain their abutting sidewalks
under the new ordinance have not yet been notified. He recommended that this
ordinance would benefit from more time to consider the pending street width street
policy, the results of the recent citizen survey, the responsibility for sidewalk
maintenance in existing development agreements or homeowners association
documents, the exact map delineating maintenance responsibilities, the lateness in
the season to notify potentially affected property owners about winter maintenance
responsibilities, and the financial considerations and liabilities that may be involved.
He recommended that enforcement of this ordinance be suspended until these
issues are addressed.
MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to
adopt ORDINANCE 95-50 AMENDING CHAPTER VIII OF THE
PLYMOUTH CITY CODE CONCERNING SIDEWALKS, suspending the
enforcement of Section 820 through May 1, 1996. Motion carried, six ayes.
ITEM 7-A HEARING TO CONSIDER LIQUOR LAW VIOLATION OF DEE' S
LIQUOR. INC.
Manager Johnson recommended that the hearing to consider the liquor law
violation of Dee's Liquor, Inc., be opened. The licensee has requested that the
hearing be continued to a future meeting, as they were unable to attend this
evening.
Mayor Tierney opened the hearing to consider the suspension, revocation, or other
action for liquor law violation of Dee's Liquor, Inc., 4000 Annapolis Lane. No
one appeared.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to continue the hearing to November 21, 1995. Motion carried, six
ayes.
ITEM 7-B ADOPT ASSESSMENTS FOR DELINQUENT FIRE ALARM
PERMIT FEES
Finance Director Hahn presented the staff report on 1995 past due false fire alarm
permit fees.
Mayor Tierney opened the assessment hearing at 7:20 p.m. on delinquent fire
alarm permit fees. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 95-656 ADOPTING ASSESSMENTS, 1995
PAST DUE FALSE FIRE ALARM PERMIT FEES. Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 12
ITEM 7-C ASSESSMENT HEARING ON 1995 DELINQUENT WATER
SEWER, RECYCLING AND STREET LIGHTING CHARGES
Finance Director Hahn presented the staff report on the public hearing for 1995
delinquent water, sewer, recycling and street lighting service charges, unpaid
annual street lighting for unimproved parcels, and unpaid annual recycling fees.
Mayor Tierney opened the assessment hearing at 7:22 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-657 ADOPTING ASSESSMENTS,
1995 UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED
PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried,
six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-658 ADOPTING ASSESSMENTS,
1995 DELINQUENT WATER, SEWER, RECYCLING, AND STREET
LIGHTING SERVICE CHARGES. Motion carried, six ayes.
ITEM 7-D ASSESSMENTS FOR 1995 WEED ERADICATION AND
DESTRUCTION
Finance Director Hahn presented the staff report on the public hearing for 1995
weed eradication and destruction, Roll 1.
Mayor Tierney opened the assessment hearing at 7:24 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 95-659 ADOPTING ASSESSMENTS, 1995
WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, six
ayes.
ITEM 7-E ASSESSMENT HEARINGS
Public Works Director Moore described the scheduled assessment hearings for five
public improvement projects. The City Council previously held public
improvement hearings on each project, and the affected property owners had an
opportunity to address the Council on the proposed improvements at that time.
Following the improvement hearings, the Council directed that the improvements
be installed. The projects are now substantially completed. Assessment hearing
notices were mailed to property owners proposed to be assessed with the proposed
amount of the assessment, and a notice was published in the official newspaper.
He stated that following the public hearing, the Council can adopt or modify the
Regular Council Meeting
October 24, 1995
Page 13
assessments, or table the proposed assessments for further consideration. He
explained that if any property owner wants to protect their right to appeal their
assessment to the District Court, they must submit a written objection at this
meeting.
ITEM 7-E-1 ASSESSMENT HEARING, PROJECT 213, SCHMIDT LAKE
ROAD
Public Works Director Moore presented the staff report on the proposed
assessments for Project 213, Schmidt Lake Road. In response to a question by
Councilmember Lymangood, Director Moore stated that the remaining minor
driveway work and sod installation is scheduled to be completed this year.
Property owners should call any problems to the attention of the City engineering
staff for resolution.
Mayor Tierney opened the assessment hearing on Project 213, Schmidt Lake
Road/Fernbrook Lane street and utilities at 7:30 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-660 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 213, SCHMIDT LAKE ROAD/FERNBROOK LANE,
WATER AREA. Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-661 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 213, SCHMIDT LAKE ROAD/FERNBROOK LANE.
Motion carried, six ayes.
ITEM 7-E-2 ASSESSMENT HEARING, NEW COUNTY ROAD 9. PROJECT
310
Director Moore stated that since the initiation of Project 310, a portion of the
adjoining property has been platted into the Sugar Hills 2nd and 3rd Addition. At
the time the plats were approved by the City creating the lots, pending assessments
were indicated against each lot for the New County Road 9 improvements. On
properties which have now been purchased from the developer, the closing
company normally requires that twice the amount of the pending assessment be
placed in escrow if the developer is responsible for the assessment. The developer
could also pass the future assessment to the new property owner, but it would be
disclosed as part of the purchase agreement.
Mayor Tierney opened the assessment hearing on Project 310, New County Road
9, at 7:32 p.m. No one appeared, and the hearing was closed.
Regular Council Meeting
October 24, 1995
Page 14
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
adopt RESOLUTION 95-662 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 310, COUNTY ROAD 9 (TRUNK HIGHWAY 55 TO
VICKSBURG LANE) STREET AND UTILITY IMPROVEMENTS. Motion
carried, six ayes.
ITEM 7-E-3 ASSESSMENT HEARING, HIGHWAY 55 NORTH FRONTAGE
ROAD, PROJECT 406
Director Moore explained that the only property being assessed for this
improvement is the Holiday Station Store. The final assessment is approximately
6,400 more than the estimated assessments because changes were made to the
project at the request of Holiday. Additional right-of-way was acquired to lessen
the roadway curve, and the City constructed a fence along the trailer court which
was the responsibility of Holiday.
Mayor Tierney opened the assessment hearing at 7:35 p.m. on project 406,
Highway 55 North Frontage Road. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 95-663 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 406, HIGHWAY 55 NORTH FRONTAGE ROAD, LOT 1,
BLOCK 1, HOLIDAY ADDITION, STREET IMPROVEMENTS. Motion
carried, six ayes.
ITEM 7-E-4 1995 STREET RECONSTRUCTION, PROJECT 501
Public Works Director Moore explained that in 1986 the City initiated a street
reconstruction program to protect the City's investment in the infrastructure. He
described the area that was approved for reconstruction in 1995. He said that
properties are proposed for assessment at the rate of $937 per unit for single
family lots, and $708 per unit for commercial/industrial properties. In addition, the
Ranchview Lane area includes assessments for concrete curb and gutter, and storm
sewer.
Director Moore explained that 30 percent of the average cost of the entire
reconstruction program is assessed to the benefited properties, with the balance
paid by the City. The total cost for the 1995 Street Reconstruction Program is
approximately $1.6 million, with the City paying just under $1.2 million.
Mayor Tierney opened the assessment hearing at 7:40 p.m. on Project 501, 1995
Street Reconstruction.
Phil Wenzel, 3900 Glacier Place, stated that the reconstruction program is a good
value for citizens, but questioned the wisdom of reconstructing the cul-de-sacs as
often as other areas. The cul-de-sacs have far less traffic and do not need
Regular Council Meeting
October 24, 1995
Page 15
reconstruction as often as the through streets. He supported the decision to install
yard drainage with the project.
Councilmember Helliwell stated that streets are not scheduled for reconstruction
unless need is shown. Director Moore added that some cul-de-sacs may need only
an asphalt overlay rather than complete reconstruction. He said that yard drains
could not be added unless the cul-de-sacs were also constructed along with the
through portion of the street. Also, it is more economical for the overall
reconstruction program to do entire areas at one time, rather than small areas
throughout the City as one project.
Andrew Villalobos, 14310 - 40th Avenue North, objected to the proposed
assessment for his twin home property. He questioned the fairness of the proposed
assessments for properties on 40th Avenue North, 40th Place North, and Glacier
Lane. He stated that the twin homes abutting these streets are paying the same
assessment rate as single family homes on larger lots with longer street frontage.
Jim Jesindorf, 515 Ranchview Lane, asked how the assessment rate was derived.
Public Works Director Moore responded that in addition to street reconstruction
on the Ranchview Lane project, concrete curb and gutter and storm sewer was
added. The proposed assessments are based on a per unit assessment basis of
937 per single family home, plus $29.30 per front foot for concrete curb and
gutter. He said that unit assessments are used in the Reconstruction Program
rather than front footage for street reconstruction
Manager Johnson reminded residents that written objections must be submitted at
this hearing in order to retain the right to appeal their assessment to District Court.
Councilmember Edson asked for clarification on which residents have submitted a
written objection to their assessment. Clerk Ahrens read the 10 objections
submitted.
Mayor Tierney closed the assessment hearing.
MOTION was made by Councilmember Edson, seconded by Councilmember
Wold, to adopt RESOLUTION 95-664 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 501, 1995 RECONSTRUCTION PROGRAM, STREET
IMPROVEMENTS; AND RESOLUTION 95-665 ADOPTING
ASSESSMENTS, CITY PROJECT NO. 501,1995 RECONSTRUCTION
PROGRAM, STREET IMPROVEMENTS, tabling until November 21 the
proposed assessments for the 10 properties for which written objections were
received. Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 16
ITEM 7-E-5 26TH AVENUE EUPROVEMENTS, PROJECT 601
Public Works Director Moore stated that in 1994, the City Council ordered the
improvement of 26th Avenue North between Medicine Ridge Road and Highway
169. The Council directed that the street would be 32' wide, with no trail.
Abutting properties were proposed to be assessed for the installation of curb and
gutter, and storm sewer. Also, properties were proposed to be assessed for
widening of the roadway from 22' to 32'. He said that at the public improvement
hearing, the overall cost per front foot was estimated at $45.64. The final
proposed assessment cost is $45.39 per front foot. Although the final cost of
storm sewer and street widening exceeded the estimate, staff is proposing that the
project be assessed at the initial estimated rate. He stated the street reconstruction
rate was estimated based on 1993 rates, and staff is proposing assessments based
on the 1994 rates. The overall project cost is $298,000, of which $95,227 is
proposed to be assessed. Assessments are proposed over a 10 year period at 7
percent interest.
In response to a question by Councilmember Lymangood, Director Moore stated
the street reconstruction rate increased from $873 to $916 from 1993 to 1994.
That amount was divided out on a front footage basis to determine the proposed
assessments. He said the rates are annually determined based on the construction
cost index. The 1994 street reconstruction per unit rates are proposed because the
Council ordered the improvement in 1994.
Mayor Tierney opened the assessment hearing at 8:00 p.m. on Project 601, 26th
Avenue North street improvements.
Thomas Zaun, 9700 - 26th Avenue North, submitted a written objection to the
assessment. He said that the sodding work abutting his property is not completed.
He doesn't believe the assessments should be levied until all work is completed.
Sandy Peterson, 9730 - 26th Avenue North, submitted a written objection to the
assessment. She said that the neighborhood favored a 28' roadway width, and it
was the City Council's decision to construct a 32' roadway width. She said that a
28' width would have been acceptable under Minnesota State Aid Standards, and
the neighborhood is getting no benefit from the wider street. She said that her
proposed assessment is 2.9 percent of the assessed value of her home.
Bill Thompson, 9640 - 26th Avenue North, objected to the width of the street and
the high assessment cost. He said the street widening was done to accommodate
the through traffic on this street. He cited traffic counts of 4,937 vehicles in a 24-
hour period, and 278 and 260 vehicles in one-hour periods. Mr. Thompson stated
that there is no direct benefit to residents of the street widening, and residents are
paying for a street to handle the through traffic. He said that the total project bid
of $219,380 was awarded to Valley Paving, of which $16,000 is being used
Regular Council Meeting
October 24, 1995
Page 17
elsewhere in the City. Mr. Thompson stated that the City's Reconstruction Policy
indicates that the cost to be assessed shall be the actually cost of the concrete curb
and gutter which will be assessed on a front foot basis. However, the policy states
that the cost of street widening may be assessed.
Linda Thompson, 9640 - 26th Avenue North, stated that residents are being
required to pay for a 32' wide street, when they wanted only a 28' wide street.
She said that the proposed assessment for their property is $7,716.30, which is 11
percent of their gross annual income. She said that they will eventually pay
10,729.20 for this project because they can't afford to pay it this year and,
therefore, must pay the assessment with interest over 10 years. Mrs. Thompson
said that the residents are receiving no benefit from the wider street, and will be
faced with increased traffic and speeding. Also, the project is not completed. She
asked if City -owned property abutting the street is included in the assessed portion
of the project.
Stan and Ruth Lueck, 9710 - 26th Avenue North, agreed with the previous
comments relating to assessment cost. They requested a reduced assessment,
noting that they will have to pay $400 per month for the assessment. Their
driveway work and sod is not finished, and water is running to the east onto the
Zaun's property.
Mayor Tierney closed the assessment hearing at 8:14 p.m.
Councilmember Edson stated there are a number of issues to be addressed and
suggested that individual meetings be held prior to action on the assessments by
the Council.
Public Works Director Moore reported that there is minor driveway and sod work
remaining on the project. However, the City is holding a sufficient retainage from
the contractor to ensure completion of the project.
Councilmember Helliwell stated that she had not supported the 32' wide streets on
this project because she didn't believe the wider streets fit with the neighborhood.
She asked about the assessments for the City -owned property.
Director Moore responded that the City owns a tax forfeiture property which is in
use as right-of-way for the alley. It is not buildable, and the City does not assess
itself for street right-of-way. He said that staff will contact each resident who
submitted objections at the hearing.
A resident requested that a councilmember also be present at the neighborhood
meetings. Councilmember Edson offered to attend the meetings.
Regular Council Meeting
October 24, 1995
Page 18
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-666 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 601, 26TH AVENUE NORTH (BETWEEN
MEDICINE RIDGE ROAD AND STATE HIGHWAY 169) STREET
IMPROVEMENTS, tabling until November 21 the four assessments for
which written objections were submitted. Motion carried, six ayes.
ITEM 8-A CONSIDER EXTENDING INTERIM ORDINANCE TEMPORARILY
PROHIBITING CERTAIN PLATS (95056)
Community Development Director Hurlburt stated that on May 2, 1995, the
Council adopted Ordinance 95-27, an interim ordinance temporarily prohibiting
platting of land planned or zoned for commercial and industrial uses. The
moratorium will expire on November 1, 1995, unless the Council adopts an
ordinance extending its duration.
She explained that the moratorium was established because the Council was
concerned that industrial and commercial development would have an adverse
effect on adjacent residential development unless changes to the City's official
controls were adopted. The moratorium would give the City time to complete a
number of planning studies, including new commercial and industrial zoning
classifications, development standards for commercial and industrial uses, revised
requirements and procedures for site plans, conditional use permits, and PUD's,
updating the Subdivision Code, and reviewing the land use and transportation
elements of the Comprehensive Plan. She said that the City Council now has
several alternatives: allow the interim ordinance to expire, extend the interim
ordinance as written for an additional time period, or modify the interim ordinance
to narrow or broaden its scope, and extend it for an additional time. She said that
staff has found little benefit to the moratorium over the last six months, and
recommended that the moratorium be allowed to expire.
Councilmember Anderson asked when the Zoning Ordinance revisions would be
adopted. Director Hurlburt responded that the Planning Commission will be
discussing the first draft of the Zoning Ordinance amendments at their next
meeting. Public hearings on the amendments would likely be held in January and
February.
Councilmember Wold stated that it is his understanding that when the new
ordinances are adopted, the Council can include the provision that any
development proposal that has not received final approval must meet the new
ordinance requirements.
No further action was taken by the Council. The interim ordinance will expire on
November 1, 1995.
Regular Council Meeting
October 24, 1995
Page 19
ITEM 8-B (6-S AND 6-1) STATUS REPORTS ON ELM CREEK CLUSTER
PLANNING AND METROPOLITAN LIVABLE COMMUNITIES ACT
Councilmember Anderson stated that he does not wish to accept or agree to
anything relating to Elm Creek Cluster Planning or the Metropolitan Livable
Communities Act because no public input has yet been received on the future of
Northwest Plymouth. He is concerned with taking any action without first hearing
from area residents, and he believes that the public hearing process should already
be underway.
Community Development Director Hurlburt stated that the reports provided to the
Council on the Elm Creek Cluster Planning Process and Metropolitan Livable
Communities Act are status reports only to provide information from staff to
Council. The staff is not asking the Council to agree to anything at this time.
City Manager Johnson explained the timing related to the two projects. He said
the City has another six months to work on the Elm Creek Cluster Planning
process, while the decision of whether to participate in the Livable Communities
Act must be made soon. He suggested that the City Council conduct a study
session to consider the issue in the next month.
Community Development Director Hurlburt stated that November 15 is the
deadline to decide whether to participate in the Livable Communities Act. She
said that the housing goals will be written in such a way that they don't assume
expansion of the Metropolitan Urban Service Area (MUSA) in Plymouth.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to receive the status report on the Elm Creek Cluster Planning Process and
the status report on the Metropolitan Livable Communities Act, with the intention
that the City Council will conduct a study session on these issues before
December 8.
Councilmember Edson stated that he has reviewed these issues through the
Housing and Redevelopment Authority. He doesn't believe that it is a question of
whether Plymouth will participate. The City would be agreeing to have some
housing goals that are yet to be established. The City must participate in order to
receive money that is allocated for this program.
Director Hurlburt explained that if Plymouth agrees to participate in the program
for a one year period, it would be agreeing to negotiate housing goals with the
Metropolitan Council.
Motion carried, six ayes.
Regular Council Meeting
October 24, 1995
Page 20
ITEM 9-A APPOINTMENT OF SUBCOMMITTEE TO REVIEW MINOR
COLLECTOR STREETS
Mayor Tierney stated that for some time the City has considered issues relating to
minor collector streets. She suggested that a Council Subcommittee be established
to consider information that the City has gathered on minor collector streets, meet
with affected neighborhood groups, discuss solutions, and make recommendations
to the City Council. She suggested that the South Shore Drive situation be used as
a model where meetings were held with the neighborhood and eventually speed
humps, stop signs, and enforcement actions were recommended to resolve traffic
problems.
MOTION was made by Councilmember Wold, seconded by Councilmember
Anderson, to form a rotating Council Subcommittee for Minor Collector Streets
depending on the location of the street consisting of the Mayor, the Ward
Councilmember, and one At -Large Councilmember. Motion carried, six ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adjourn the meeting at 8:40 p.m. Motion carried, six ayes.
Laune F. Ahrens
City Clerk